USA v. Frank Mercer, Jr., No. 08-14832 (11th Cir. 2009)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 08-14832 Non-Argument Calendar ________________________ JUNE 4, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 99-00204-CR-T-17-TGW UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FRANK MERCER, JR., a.k.a. Cedrick, a.k.a. Ced the Head, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (June 4, 2009) Before DUBINA, Chief Judge, TJOFLAT and HILL, Circuit Judges. PER CURIAM: James W. Smith, III, appointed counsel for Frank Mercer, Jr., has filed a motion to withdraw on appeal supported by a brief prepared pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel s motion to withdraw is GRANTED, and the district court s reduction of Mercer s sentence, pursuant to 18 U.S.C. § 3582(c)(2), is AFFIRMED. 2

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